A/RES/50/194. Situation of human rights in Myanmar

United Nations
General Assembly

   Distr. GENERAL  

11 March 1996

ORIGINAL:
ENGLISH

A/RES/50/194Fiftieth session

Agenda item 112 (c)


                  RESOLUTION ADOPTED BY THE GENERAL ASSEMBLY

            [on the report of the Third Committee (A/50/635/Add.3)]


            50/194.     Situation of human rights in Myanmar

      The General Assembly,

      Reaffirming that all Member States have an obligation to promote
and protect human rights and fundamental freedoms as stated in the
Charter of the United Nations and elaborated in the Universal
Declaration of Human Rights,  1/ the International Covenants on
Human Rights  2/ and other applicable human rights instruments,

      Aware that, in accordance with the Charter, the Organization
promotes and encourages respect for human rights and fundamental
freedoms for all and that the Universal Declaration of Human Rights
states that the will of the people shall be the basis of the authority
of government,

      Recalling its resolution 49/197 of 23 December 1994,

      Recalling also Commission on Human Rights resolution 1992/58 of
3 March 1992,  3/ in which the Commission, inter alia, decided to
nominate a special rapporteur to establish direct contacts with the
Government and with the people of Myanmar, including political leaders
deprived of their liberty, their families and their lawyers, with a
view to examining the situation of human rights in Myanmar and
following any progress made towards the transfer of power to a
civilian Government and the drafting of a new constitution, the
lifting of restrictions on personal freedoms and the restoration of
human rights in Myanmar,

      Taking note of Commission on Human Rights resolution 1995/72 of
8 March 1995,  4/ in which the Commission decided to extend for one
year the mandate of the Special Rapporteur on the situation of human
rights in Myanmar,

      Gravely concerned that the Government of Myanmar still has not
implemented its commitment to take all necessary steps towards
democracy in the light of the results of the elections held in 1990,

      Noting the recent developments regarding the composition of the
National Convention,

      Welcoming the release without conditions, on 10 July 1995, of
Nobel Peace Prize Laureate Aung San Suu Kyi and a number of other
political prisoners, as called for by the General Assembly,

      Also gravely concerned, however, at the continued violations of
human rights in Myanmar, as reported by the Special Rapporteur,
including killings of civilians, arbitrary arrest and detention,
restrictions on freedom of expression and association, torture, forced
labour, forced portering, human rights abuses in border areas in the
course of military operations, forced relocations and development
projects, abuse of women and the imposition of oppressive measures
directed in particular at ethnic and religious minorities,

      Welcoming the continuing cooperation between the Government of
Myanmar and the Office of the United Nations High Commissioner for
Refugees on the voluntary repatriation of refugees from Bangladesh to
Myanmar,

      Noting, however, that the human rights situation in Myanmar has
resulted in flows of refugees to neighbouring countries, thus creating
problems for the countries concerned,

      1.    Expresses its appreciation to the Special Rapporteur of the
Commission on Human Rights on the situation of human rights in Myanmar
for his interim report;  5/


      2.    Also expresses its appreciation to the Secretary-General for
his report;  6/

      3.    Deplores the continued violations of human rights in
Myanmar;

      4.    Welcomes the release without conditions of Nobel Peace Prize
Laureate Aung San Suu Kyi and other prominent political leaders;

      5.    Strongly urges the Government of Myanmar to release
immediately and unconditionally detained political leaders and all
political prisoners, to ensure their physical integrity and to permit
them to participate in the process of national reconciliation;

      6.    Urges the Government of Myanmar to engage, at the earliest
possible date, in a substantive political dialogue with Aung San Suu
Kyi and other political leaders, including representatives of ethnic
groups, as the best means of promoting national reconciliation and the
full and early restoration of democracy;

      7.    Welcomes the discussions between the Government of Myanmar
and the Secretary-General, and further encourages the Government of
Myanmar to cooperate fully with the Secretary-General;

      8.    Again urges the Government of Myanmar, in conformity with
its assurances given at various times, to take all necessary steps
towards the restoration of democracy in accordance with the will of
the people as expressed in the democratic elections held in 1990 and
to ensure that political parties can function freely;

      9.    Expresses its concern that most of the representatives duly
elected in 1990 are still excluded from participating in the meetings
of the National Convention, created to prepare basic elements for the
drafting of a new constitution, and that one of its objectives is to
maintain the participation of the armed forces in a leading role in
the future political life of the State, and notes with concern that
the working procedures of the National Convention do not permit the
elected representatives of the people freely to express their views;

      10.   Strongly urges the Government of Myanmar to take all
appropriate measures to allow all citizens to participate freely in
the political process, in accordance with the principles of the
Universal Declaration of Human Rights, and to accelerate the process
of transition to democracy, in particular through the transfer of
power to democratically elected representatives;


      11.   Also strongly urges the Government of Myanmar to ensure full
respect for human rights and fundamental freedoms, including freedom
of expression and assembly, and the protection of the rights of
persons belonging to ethnic and religious minorities, and to put an
end to violations of the right to life and integrity of the human
being, to the practices of torture, abuse of women, forced labour and
forced relocations, and to enforced disappearances and summary
executions;

      12.   Appeals to the Government of Myanmar to consider becoming a
party to the International Covenant on Civil and Political Rights,
 7/ the International Covenant on Economic, Social and Cultural
Rights 7/ and the Convention against Torture and Other Cruel, Inhuman
and Degrading Treatment or Punishment;  8/

      13.   Urges the Government of Myanmar to fulfil its obligations as
a State party to the Forced Labour Convention, 1930 (No. 29), and to
the Freedom of Association and Protection of the Right to Organize
Convention, 1948 (No. 87), of the International Labour Organization;

      14.   Stresses the importance for the Government of Myanmar to
give particular attention to conditions in the country's jails and to
allow the International Committee of the Red Cross to communicate
freely and confidentially with prisoners;

      15.   Calls upon the Government of Myanmar to respect fully the
obligations of the Geneva Conventions of 12 August 1949,  9/ and
to make use of such services as may be offered by impartial
humanitarian bodies;

      16.   Expresses its grave concern at the attacks by Myanmar army
soldiers on the Karens and the Karennis during the past year,
resulting in further refugee flows to a neighbouring country;

      17.   Welcomes the cessation of hostilities following the
conclusion of cease-fire agreements between the Government of Myanmar
and several ethnic groups;

      18.   Encourages the Government of Myanmar to create the necessary
conditions to ensure an end to the movements of refugees to
neighbouring countries and to create conditions conducive to their
voluntary return and their full reintegration, in conditions of safety
and dignity;

      19.   Requests the Secretary-General to continue his discussions
with the Government of Myanmar in order to assist in its efforts for
national reconciliation and in the implementation of the present
resolution and to report to the General Assembly at its fifty-first
session and to the Commission on Human Rights at its fifty-second
session;

      20.   Decides to continue its consideration of this question at
its fifty-first session.


                                                          99th plenary meeting
                                                              22 December 1995


                                     Notes

1/          Resolution 217 A (III).

2/          Resolution 2200 A (XXI), annex.

3/          See Official Records of the Economic and Social Council,
1992, Supplement No. 2 (E/1992/22), chap. II, sect. A.

4/          Ibid., 1995, Supplement No. 3 and corrigenda (E/1995/23 and
Corr.1 and 2), chap. II, sect. A.

5/          See A/50/568.

6/          A/50/782.

7/          See resolution 2200 A (XXI), annex.

8/          Resolution 39/46, annex.

9/          United Nations, Treaty Series, vol. 75, Nos. 970-973.

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